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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^TH DAY OF NOVEMBER, 2021

PRESENT

THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE

AND

THE HON9BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

WRIT PETITION NO.13275 OF 2017 (GM-RES-PIL)

BETWEEN:

1. MR. R. VENKATARAMANA

S/O LATE LAXMINARAYANAPPA

AGED ABOUT 53 YEARS,

R/O SONNASHETTYHALLI, CHINTAMANI TOWN & TALUK

CHIKKABHALAPURA DISTRICT

KARNATAKA STATE.

2. MR. S. NATARAJ

S/O LATE SEENAPPA M

AGED ABOUT 40 YEARS,

R/O SONNASHETTYHALLI, CHINTAMANI TOWN & TALUK,

CHIKKABHALAPURA DISTRICT

KARNATAKA STATE.

3. MR. A R ANVAR

S/O ABDUL RASHEED,

AGED ABOUT 52 YEARS,

R/O VENKATAGIRIKOTE, CHINTAMANI TOWN AND TALUK,

CHIKKABHALAPURA DISTRICT,

KARNATAKA STATE.

4. MR. K MANJUNATH

S/O KADIRAPPA,

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AGED ABOUT 26 YEARS,

R/O JJ COLONEY, RAILWAY STATION ROAD,

CHINTAMANI TOWN & TALUK

CHIKKABHALAPURA DISTRICT,

KARNATAKA STATE.

5. MR. R PRAKASH

S/O LATE RAMACHANDRAIAH,

AGED ABOUT 38 YEARS,

R/O SONNASHETTYHALLI, CHINTAMANI TOWN & TALUK,

CHIKKABHALAPURA DISTRICT

KARNATAKA STATE.

6. MR. C.N.MANJUNATH

S/O C.V. NARAYANASWAMY,

AGED ABOUT 40 YEARS,

R/O RAJIV NAGAR, BEHIND SHANI MAHATHMA TEMPLE,

BANGALORE ROAD, CHINTAMANI TOWN & TALUK

CHIKKABHALAPURA DISTRICT

KARNATAKA STATE.

7. MR. JANARDHANA N

S/O NARAYANASWAMY,

AGED ABOUT 40 YEARS,

TAPATHESHWARA COLONEY, WARD NO.14,

CHINTAMANI TOWN & TALUK, CHIKKABHALAPURA DISTRICT

KARNATAKA STATE.

8. MR. G S RAGHUNATH REDDY

S/O G.V. SRIRAMA REDDY,

AGED ABOUT 45 YEARS,

GOPALLI VILLAGE, NANDIGANAHALLI POST,

CHINTAMANI TOWN & TALUK, CHIKKABHALAPURA DISTRICT

KARNATAKA STATE.

...PETITIONERS

(BY SRI.CHANNAKESHAVA B S, ADVOCATE)

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AND:

1. STATE OF KARNATAKA

REPRESENTED BY ITS PRINCIPAL SECRETARY,

VIDHANA SOUDHA, VEDHANA VEEDHI,

BANGALORE-01.

2. SENIOR GEOLOGIST

OFFICE OF MINES AND GEOLOGY,

CHIKKABHALLAPURA-562 101.

3. RANGE FOREST OFFICER

CHINTAMANI RANGE,

CHINTAMANI-562101.

4. SECRETARY

VILLAGE PANCHAYATH,

KONAPALLI, CHINTAMANI TALUK - 562 101.

5. GANGADARESHWARA SEVA TRUST (R)

KISHORE VIDHYA BHAVAN,

CHINTAMANI, KOLAR DISTRICT-562101

REPRESENTED BY ITS CHIEF PATRON,

MR. CHOWDA REDDY,

S/O. M.C. ANJANEYA REDDY

AGED ABOUT 72 YEARS.

&RESPONDENTS

(BY SRI.RAJASHEKAR.S, AGA FOR R1 TO R3;

SRI.S.LAKSHMINARAYANA REDDY, ADVOCATE FOR R5;

NOTICE TO R4 ARE SERVED & UNREPRESENTED)

THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE

CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO 4 TO

CONSIDER THE REPRESENTATION OF THE P-1 AT ANNEXURE-L

AND CONSEQUENTLY TAKE APPROPRIATE LEGAL ACTION AGAINST

THE R-5 AND ALSO TAKE OVER THE POSSESSION OF THE ENTIRE

LAND WHICH IS UNAUTHORIZED POSSESSION.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING

THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

ORDER

Heard.

2.

This public interest litigation has been filed alleging

illegal construction of temple in the cave on the forest land.

3.

Learned counsel for the petitioners has informed

that the Court vide order dated 17.02.2020 had directed the

State Government to take appropriate decision as to whether

the alleged illegal construction can be regularized. The order

dated 17.02.2020 for convenience is reproduced below:

"The learned Additional Government Advocate

states that the application for regularization made by

the fifth respondent on 14^th August 2015 is still

pending. We have perused the said application. The

said application accepts that on a land vesting in the

State

Government,

on

a

hill

station,

without

permission of the State Government, idols have been

installed by creating a cave having measurement of

400 ft. x 500 ft. Another structure admeasuring 40 ft.

5

x 50 ft. has been constructed on the Government

land.

Surprisingly, it is stated in the application that

the Members of Parliament and the Members of

Legislative Council have sanctioned funds from the

funds allocated to them for providing proper road

facility to the temple.

The contention of the learn